Although on December 8, 1801, two weeks before this
action of the Court, Jefferson in his first message to
Congress had made a mild reference to a reform of
the judicial system, no final decision had been reached
as to a repeal of the Circuit Court Act of 1801, It
was not until the Court decided to take the preliminary step in this mandamus case that Jefferson became
convinced that it was seeking to interfere with his
Executive functions and that the growing pretensions
of the Judiciary must be curbed. On December 24,
1801, John Breckenridge, Senator from Kentucky
(who later became Jefferson's Attorney-General), wrote
to Monroe: "What think you of the rule entered upon
the Federal Court last week against the Secretary of
State to show cause? . . . I think it the most daring attack which the annals of Federalism have yet
exhibited. I wish the subject of the Courts to be
brought forward in the Senate next week"; and Stevens Thomson Mason wrote to Monroe: "An attempt has been made by the Judiciary to assail the President (through the sides of Mr. Madison). . . . The
conduct of the Judges on this occasion has excited a
very general indignation and will secure the repeal of
the Judiciary Law of the last session, about the propriety of which some of our Republican friends were hesitating." At first, there had been cousiderable doubt,
even among Republicans, as to the legality of such a
repeal, but Breckenridge was finally convinced by a letter from John Taylor of Virginia, written on December 22; and on January 6, 1802, he moved in the Senate the repeal of the obnoxious law.[1] That the Republicans regarded (and with considerable foundation for
- ↑ It appears, however, that before the date of Jefferson's Message, John Breckenridge had been in receipt of numerous letters from his Kentucky constituents urging repeal of the Circuit Court Acts. See infra, 221. Breckenridge Papert MSS; Judicial Tenure in the United States (1018), by William S. Carpenter.
